ShipMate, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety AUG 2 3 2005 Mr. Steven Charles Hunt Ref No.: 05-0183 ShipMate, Inc. 18436 Hawthorne Blvd, Suite 201 Torrance, CA 90504 Dear Mr. Hunt: This responds to your July 30, 2005 letter requesting clarification of the Hazardous marking, and if so, whether shipping papers are required for surface transportation of that The answer to your question is yes. A package may have multiple markings. A material that is packaged as a limited quantity and is properly classed as ORM-D may display both the ORM-D marking in § 172.316 and the limited quantity marking in § 172.315. Shipping papers are not required domestically for an ORM-D material, except when the material is offered or intended for transportation by air (§ 172.200(b)(3)). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Regulations Development Office of Hazardous Materials Standards 172.315 050183 172316#

Page 2Eichenlaub $172.315 ShipMate, Inc. 18436 Hawthorne Blvd, Suite 201 ShipMate® 3172316 Torrance, CA 90504 Training & Consulting Dangers Coxes Marking Fax: 310-370-5700 Phone: 310-370-3600 05-0183 E-mail: Robert@shipmate.com July 30, 2005 Mr. Edward T. Mazzullo Research and Special Programs Administration COPY U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590-0001 Subj: Request for Letter of Interpretation Dear Mr. Mazzullo: Road, Saugus, CA 91350-2973, is submitting this request. Steven Charles Hunt, ShipMate, Inc., on behalf of the Petitioner, John Paul Mitchell Systems, 26455 Golden Valley The Petitioner respectfully requests a letter of interpretation regarding dual marking of limited quartity packages fo lomestic and international transportation in accordance with both 49 CFR $172.315 and 49 CFR $172.316, and if sc whether shipping papers would be required for surface transport if the packages otherwise conformed to 49 CFR §173.316. household use. These packages qualify as consumer commodities, as defined in 49 CFR §171.8, and they are marked in The Petitioner offers a significant number of limited quantities of dangerous goods that are intended for personal care or accordance with 49 CFR §173.316 for domestic U.S. transport. However, the shipper must manually remark each package that is intended for export by vessel. "hollow diamond" with UN identification number for limited quantities intended for personal care or household use, Although the provisions of the International Maritime Dangerous Goods (IMDG) Code, §3.4.5.2 do not require the there is no equivalent exception in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) which requires limited quantities to be appropriately. In order to harmonize with the international standards for limited quantities, the Petitioner would like to mark the packages to conform with both 49 CFR §172.315 and 49 CFR §172.316 to eliminate the rework necessary to conformn with European shipping standards, and to take advantage of the regulatory relief from shipping papers for domestic surface transport. or surface transport if the packages otherwise conform to 49 CFR §172.31 Accordingly, the Petitioner requests a written interpretation regarding dual marking and if shipping papers are require Your assistance in this matter would be most appreciated. If I may be of assistance in any way, please call. We look forward to your response. Sincerely yours, ShipMate, Inc. Cc: Mr. Robert Magrey, John Paul Mitchell Systems Hazardous Materials Training • Information Systems & Compliance Inspections & Audits & Shipping & Regulatory Software#